Botpress

Terms of Service

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AnmeldenPrüfung beantragenWeitere InformationenE-Signatur steht ausUnterschreibenAblehnenDetails ansehenLabel prüfenKein SpamEndgültig entfernenKein SpamSeite/19Wird geladen…{"id": "1cZ-nn5Qdyp6rYe26KrDCGHwRaVqINxry", "title": "Botpress – Terms of Service.pdf", "mimeType": "application\/pdf"}Seite 1 von 19BOTPRESS TERMS OF SERVICE Last updated: 2023-07-19 These Terms of Service constitute a contract between the person or entity using services or content provided by Botpress (“Customer”) and the Botpress entity with which the Customer is contracting per the Terms of Service (“Botpress”). Before using any service or content provided by Botpress, you must agree to the Terms of Service. If you are not prepared to contractually agree to be bound by the Terms of Service, you may not use any service or content available through the Botpress Website or otherwise made available by Botpress. 1. INTERPRETATION 1.1 Contracting Entities a) If the Customer is located in Canada, the Agreement is contracted between Customer and Technologies Botpress Inc., a Canadian Corporation. b) If the Customer is located anywhere else in the world, the Agreement is contracted between the Customer and Botpress, Inc. a Delaware company. c) The Customer represents and warrants to Botpress that it is operating a business and that it is not accessing the Software Services or Botpress Content for personal or household purposes. 1.2 Documents incorporated in the Agreement. The Terms of Service may reference external documents, such as a Data Protection Agreement or Service Level Agreement. All such documents and the details of the Customer’s subscription to the Software Services or access to Botpress Content (which may be indicated on the Botpress Website or in a separate proposal) are incorporated into the agreement between Botpress and the Customer. Some specific Botpress services or content may require that the Customer agrees to additional terms. 1.3 Service Plans Botpress offers three types of subscription plans, some sections of the agreement are only applicable to certain service plans. a) Community (Free) Plan: means the free version of the Software Services. b) Self-Serve Plan: means the Customer subscribed to the paid version Software Services through the Botpress Website. c) Enterprise Plan: means the Customer subscribed to the paid version Software Services through a Botpress sales representative. 1.4 Definitions In this Agreement: Seite 2 von 19“Acceptable Use Policies” means policies adopted from time to time by Botpress and its service providers to govern responsible and ethical use of the Software and its capabilities. “Affiliate” means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity. “Agreement” means these Terms of Service, including the applicable Proposal(s) (for Enterprise Plans) and all schedules attached hereto and all documents incorporated therein, such as Botpress’ DPA or SLA (if applicable). “Analytics Data” means usage data, metadata and other data generated by the Software about the Use of the Software by Authorized Users and data not originating from Customer used in the performance of Software Services, excluding Customer Data. “Authentication ID” means a security mechanism by which an Authorized User identifies herself or himself to the Software and gains access thereto, which security mechanism may include user identification, passwords, digital certificates or any other similar process mechanism for authentication and recognition as determined by Botpress from time to time. “Authorized User” means an individual authorized by Customer and Botpress to access and Use the Software Services. “Botpress Content” means any documentation, materials, code, data, files and other information or materials made available to the Customer or Authorized Users by Botpress. “Botpress Infrastructure” means the servers and such devices and peripherals, including all computer hardware, software, network components, and electrical and telecommunications infrastructure operated or controlled by Botpress, either itself or through a service provider. “Business Day” means any calendar day except for Saturday or Sunday or any statutory holiday observed in Canada. “Business Hour” except if specified otherwise in the Proposal, means the hours between 9:00 AM and 5:00 PM Eastern Time on Business Days. “Confidential Information” means all information which is proprietary or confidential to either Party and that is not generally known to third parties, that is disclosed or otherwise brought to the attention or knowledge of the other Party whether in oral, written, electronic or any other form, which is designated as being confidential or proprietary or which, by reason of its nature or the circumstances of its disclosure, should be reasonably considered and treated as confidential including, without limitation, the terms and conditions of the Agreement, Customer Data, Analytics Data, Personal Data, details of technological infrastructure, customer lists, product development information and security measures. “Conversation Data” means content inputted by an end-user into a Customer Bot and content generated by the Customer Bot in a production environment. “Customer Bot” means a program designed to automate interactions with end-users of a service or website, including any configuration data or other associated data that is developed using the Software or the Software Services in accordance with this Agreement by Customer, by Persons engaged by Customer or by Botpress for the benefit of the Customer. Seite 3 von 19“Customer Data” means collectively any data, files, documentation or other information: (i) that Customer or any of its Authorized Users may upload to the Botpress Infrastructure when using the Software Services, (ii) any data derived or obtained from the transformation such data or information submitted by the Customer through the Software Services. “Documentation” means the human-readable documents, user manuals and guides with respect to the operation, Use and functions of the Software, which may be amended or updated by Botpress from time to time. “Usage Fees” means the fees payable by Customer for the Software Services. “Incident” means an unscheduled event or occurrence originating from Botpress, the Software or a third-party hosting provider that negatively and substantially affects the Customer’s Use of Software Services, subject to exceptions provided by this Agreement. “Intellectual Property Rights” means: (a) any and all proprietary rights anywhere in the world provided under: (i) patent law. (ii) copyright law, including moral rights. (iii) trademark law. (iv) design patent or industrial design law. (v) semiconductor chip or mask work law. (vi) trade secret law. or (vii) any other statutory provision or common law principle applicable to this Agreement which may provide a right in either: (A) Intellectual Property. or (B) the expression or use of Intellectual Property. and (b) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing. “Intellectual Property” means any property, tangible or intangible, that may be subject to Intellectual Property Rights, including without limitation, ideas, formulae, algorithms, concepts, techniques, processes, procedures, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, diagrams, programs, inventions, technologies, software (including its source code), tools, product knowledge, know-how, including without limitation, trade secrets, and other materials or things. “Malicious Code” means a piece of code usually (but not necessarily) disguised as something else that causes some unexpected and, for the victim, usually undesirable, event and which is designed so that it may automatically spread to other computer users, including, without limitations, viruses, worms, cancelbots, trojan horses, harmful contaminants (whether self-replicating or not) and nuisance-causing or otherwise harmful applets. “Objectionable Content” means content that infringes any applicable laws or third-party rights, and content which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, misleading, deceptive or in breach of any person’s Intellectual Property Rights. “Party” means either Botpress or Customer. and “Parties” means both of them. “Payment Method” means credit card information inputted by the Customer on the Software interface for the purpose of paying Usage Fees. “Person” means any individual, estate, sole proprietorship, firm, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, limited liability company, corporation, body corporate, trustee, trust, governmental authority or other entity or organization and includes any successor to any of the foregoing. Seite 4 von 19“Personal Data” means information about an identifiable individual or any information protected under applicable laws and regulations “Professional Services” means services provided by Botpress other than access to the processing capacities of the Software and technical support. Professional Services include, for illustrative purposes: training, new feature development and configuration. “Proposal” means the written document outlining the details of Customer’s subscription to an Enterprise Plan and accepted by Customer and Botpress. “Software Services” means Customer’s access and Use of the Software and support services included per the Agreement between Customer and Botpress, but excluding Professional Services. “Software” means the Botpress platform, including third-party software included thereto, which is accessible via a web application connected to the Botpress Infrastructure. “Specifications” means, with respect to the Software, the technical specifications for the performance, operation and Use of the Software, as set out in the Proposal. “Use” means to activate the processing capabilities of the Software, load, execute, access, employ the Software, or display information resulting from such capabilities. 2. SOFTWARE SERVICES 2.1 Access to Software Subject to the Customer’s and Authorized Users’ compliance with this Agreement, Botpress agrees to allow the Authorized Users to access and Use the Software Services through the Botpress Infrastructure. 2.2 Usage Limitations The Software Services may be offered to the Customer in the form of a subscription plan comprising usage limitations. Where applicable, the Software Services are limited: a) To the features included in the subscription selected by the Customer, if applicable. a) By the usage limits imposed by the subscription selected by the Customer, if any, including (i) limits based on the number of messages processed monthly through the Software Services (ii) limits based on the maximum amount of Usage Fees authorized by the Customer. 2.3 Roles and permissions Customer may attribute roles and permissions to Authorized Users through the Software interface. Customer is solely responsible for properly configuring the roles and permissions and to perform any required verifications. Botpress shall not be responsible for the accidental disclosure of certain information to Authorized Users due to an incorrect configuration of access permissions by the Customer. 2.4 Updates The Software may be updated from time to time and new features may be added to the Software. Botpress will make such updates and new features available to the Customer at its sole discretion and makes no commitment regarding the development of future versions of the Software. The Wird geladen…KopierenKommentar hinzufügen"Botpress – Terms of Service.pdf" wird geladen. Seite 1 von 19